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1961-01-31MINUTES OF TIlE ADJOURNED MEETING OF JANUARY 31, 1961 at 8:00 P. M. at the Mound Fire Station Present were: Mayor H. B. R. Larson:-Trustees Dr. Byron Petersen, Del Pfeifer, Gordon Batdorf and Howard Orn; Attorney P~ay Ploetz and lV~nager Leonard L. /{opp. HEARING FOR BOWLING ALLEY PERMIT Hearing called pursuant to executive order of Mayor January 12, 1961 setting matter for hearing and ordering publication. Petioners present. WHEREAS it has been proposed to construct and operate a bowling alley on premises within the Village of Mound and legally descrit;ed as: Lots ten (10) to seventeen (17), inclusive, Block three (3), Shirley Hills Unit. F; W/-IEREAS said property is zoned in the Commercial Use District; WHEREAS notice of the application and notice of the hearing upon the application for a special use permit, was duly given by publishing the same once in the official newspaper, ten days in advance of said hearing, pursuant to the provision of the Mound Code of Ordinances, Section 23. 15 subdivision 4; AND WHEREAS public hearing was duly had thereon; NOW THEREFOR, BE IT MOVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA that a special permit for the construction and operation of a place of amusement, to-wit, a bowling alley and services normally appurtement thereto, on the premises legally described as: Lots ten (10) to seventeen (17), inclusive, Block three (3), Shirley Hills,, Unit F be and hereby is, ordered to issue, but ~'hat the same expire on December 31, 1961, if said bowling alley has not been constructed prior thereto. Batdorf moved the foregoing motion and Orn seconded the motion. The vote was unanimously in favor. So carried. DEPOSITING PUBLIC FUNDS 1. Pursuant to council direction, your attorney further reseached the laws relating to deposit of Village funds, in a FDIC depositiory without bond or 162 collateral, and requested the opinion of the State Public Examiner advising of the standards of that office concerning the same. The public examiner responded. Legal research revealed that in cases involving separate 'deposits' in FDIC banks, the results had been mixed and seemed to depend upon clear distinction of identity between the deposits and distinct capacity of the depositor, See 12 USCA ~ 264; FDIC vs Casady, 106 F 2d 784; Billings vs FDIC, 71 F Supp 696; and Phair vs FDIC 74 F Supp 693. Legal reseach also raised question concerning Councilman Del Pfeifer who is employed by one of the designated depositories. Councilman Pfeifer stated, he does have a Savings account in the Farmer's and Mechanics bank; but is not a major depositor; and neither would the Village of Mound be a major depositor. PETERSEN offered the following resolution and moved its adoption. Batdorf seconded the motion. WHEREAS.the Village Council of the Village of Mound, Minnesota, at their meeting of January 10, 1961, did adopt that certain resolution entitled RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE VILLAGE FUNDS AND REQUII~ING APPROPRIATE SECURITY' THEREFOR whereby this: Council disignated Certain banks as being official depositories of the Village Funds and establishing certain conditions of deposit; WHEREAS it appears that one of the members of this Council, Del Pfeifer, is an employee of the. Farmers and Mechanics Savings Bank of Mpls. , Minnesota, one of said designated depositories, is employed by them in the position of General Auditor, is not an officer of said depository, receives no bonus or commission, reward or inducement of any kind from his said employer from the securing of deposits or accounts, and receives no direct or indirect benefit from such deposit or-the awarding of such acount; WHEREAS it subsequently appears that the collateral of the State Bank of Mound is kept in an escrow account in The Marquette National Bank of Minneapolis, Minnesota, which complies with legal requirements and is acceptible to this council; AND WHEREAS the Village Attorney reports that separate limits of Federal DeposiSaInsurance are available in the same depository only to clearly distinct deposits of depositor or depositors in clearly distinct capacities; NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA 163 1. That the resolution of this Council entitled A RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR ~rILLAGE FUNDS AND REQUIRING APPROPRIATE SECI/KITY THEREFOR and adopted January 10, 1961, be amended as follows: a. By deleting therefrom the requirement that the required collateral of the State Bank of Mound, lVIiunesota, be kept in a safety deposit box in the State Bank of lV~ound, /Vi{nnesc~a; b. By adding thereto the requirement that the required collateral of the State Bank of Mound, Minnesota, be kept in escraw account in the Marquette National Bank of Minneapolis, Minnesota; c. By adding thereto the requirement that the Village Treasurer not deposit more than $10,000 in any one deposit account in the Farmer's and Mechanics Savings Bank of Minneapolis, lVHnnesota; and that the Village Treasurer maintain only such deposit accounts therein as are clearly distinct from each other and in which the Treasurer as depositor so deposits in clearly distinct capacities. Z. That pursuant to hearLug held and evidence heard, it be, and hereby is, found that Councilman Del Pfeifer has no direct or indirect interest in the deposit of such funds in the Farmers and Mechanics Savings Bank of lVipls., Minne s ota. RoLl Call Vote: Peterson Aye Orn Aye Pfeifer Abstain Batdorf Aye Larson Aye Carried and so resolved. P. EST HOME REZONING Appearing before the Council to support the request of Richard Cook to build ~ rest home on his property in the three points area of Mound were, lVir. Cook, /vir. Van Kipley and Arle Johnson.; and ~appy Jones. The Mound Planning Commission recommends the taking of whatever rle/c/dds/a/~A/ action necessary to allow the erection and contruction os such a project. The name of such home to be: Lafayette Rest Homes, Inc.; financeers to be George Van Dusen, Richard Cook, Van Ripley, Arle Johnson and others not named at present. Batdorf offered the following resolution and moved its adoption. seconded the motion. Pfeifer 164 WHEP~EAS it appears that it may be necessary and desirable that Chapter 23 of the Mound Code of Ordinances, which chapter is entitled "Zoning" be amended by adding to the Residential Use Districts a Residential Use District "C" and that in addition to the uses conforming to Residential Districts A & B in such district, hospitals, clinics, nursing homes and other buildings used for the treatment of human ailments, be conforming uses therein; ~ND WHEREAS, it is desired that the prooosed amendment be brought on for hearing upon the initiative of the Council; NOW, TH~FORE, BE IT MOVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA 1. That on February lb, 1961, at 8:00 o'clock P.M. at the Village Council meeting to be held in the Mound Village Fire Hall, the proposal to amend the Mound Code of Ordinances, Chapter 23, "Zoning" by adding to the Residential Use Districts a Residential Use District "C" and that in addition to the uses conforming to Residential Districts A & B in such district, hospitals, clinics, nursing homes, and other buildings used for the treatment of human ailments be conforming uses there, be heard. 2. That said hearing be at the initiative of the Village Council. 3. That the Village Clerk b%and hereby is, directed to place the same on the agenda of the Council for hearing at that date and time as item number one. h. And that the Village Clerk be, and hereby is, directed to duly advertise said hearing. Roll Call Vote: Batdorf Aye Petersen Aye Orn Aye Pfeifer 3kye Larson Aye So carried and resolved. The Village Council directed Trustee Pfeifer and Manger Kopp to check with Mr. Russi, Village Planner as to -;T~,~4es of including such project in his plans. WATER PETITION Orn offered the following resolution and moved its adoption. the motion. Pfeifer seconded RESOLUTION ORDERING PREPARATION OF REPORT ON WATER MAIN IMPNOVEMENT WHEREAS it is proposed to improve Concord Boulevard between the easterly line of Commerce Boulevard and easterly line of Chateau Place and First Avenue between the Northerly line of Concord Boulevard and the southerly line of Maywood Road, and by water main improvement thereon, and to assess the benefitted property for all or a por- tion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Ch. 398, as anended). NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA: That the proposed improvement be referred to Schoell and Madson, ViLlage Engineers, for study and that they are instructed to report to the Council with all convenient speed, advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improve- ment as recommended. Ba~rf Aye Pre ire r Aye Orn Aye Petersen Aye Larson Aye So carried and resolved. S~R~,I~II~ 0 ROADS ~.ngineer Bill Schoell appeared and discussed State Aid to Roads with the Council and Manager. l~ilshire Drive v¢as discussed in particular. i66 EXPANSION OF THE MPLS-ST. PAUL SANITARY DISTRICT Pfeifer offered the following resolution and moved its adoption. Petersen seconded the motion. · BE IT RESOLVED the Council of the Village of Mound approve with qualific- ations: ,the Leag~e,~Water ges.~urce_s S~ub~co.m, m~tt~e~ ,R~?lut~on on the ~i~i~h'-~ the'M~eapolis-St. Faro ~an~tary u~s~r~c~. 1. That the report of the ~eapolis-St. Pa~ Sanitary Sewer District Engineers that the Lake Mi~eto~a Area not be ~cluded be accepted due to higher costs of sewage ~acilities if it si ~cluded in the ~strict. 2. That the legislature provide for the formation of sanitary sewer ~stricts ~thout special legislation. Roll Call Vote: Batdorf Aye Petersen Aye Orn Aye Pfeifer Aye Lar s on Aye So carried and resolved. Re solution Attached: LF~C~E OF M~INN~S~A MUNIC]PALITIES 15 'Jnivmrsity of M~Lnnesota LibraLw ~nr~e~polis 1~, Minnesota L~¢ember 14, 1960 RESOLUTION OF WAT~H RESOURC£S STt~DY C~$STTEE SUBC~TE~ BE IT RESOLVED, that it i~ the conser~us of this subcommittee t~at LC agreement can be reached on l) a plan for proportional r~presentation on the managerial hoard cf the Smnitary Distr~ct, 2) on an equitable plan of financ~g, 3) a reasonable and acceptable timetable, 4) boundaries, oowers and d~ties of the Sanitar~- Dietrich, then the Sanitary District should be expanded either by amendatory legislation or by new legislation so as to provide sewage dispose~ facilities for the Twin Cities Metropoliten Area. AMENDMENT TO DOCK ORDINANCE .l~iter ':r~av~l!t~e~: fbllOwlh~g~i o~.dtfflri~:e~ a;~a:~'~ ~c~e,~:~. mdttd~Y s~n BE IT ORD~NED BY THE VILLAGE COUNCIL OF MOUND, M~ESOTA that Part F, Chapter 26, of the Mo~d Code of Offences, entitled "B~din~ Code - Docks, Boathouses, Boat Ramps and Slips" be ~ended as follows: 1. By amending Section 26. 970 thereof to read as follows: "Section 26.970 Dock Inspector The Village Manager shall, from time to time, appoint an official dock inspector who shall have the authority of a police officer of the village in so far as it necessary or proper for the enforcement of Sections 26. 950 - 26. 990, inclusive of this Or~linance. Further, that the manager shall have the power to remove or dis- charge such dock inspector." Z. By adding thereto Section 26.79 1 as follows: "Section 26. 971 ~k~kilnmlmector, Salary The salary of the dock inspector shall be established from time to time by resolution of the Village Council." By adding thereto Section 26. 9511 as follows: "Section Z6. 9511 License Fees The annual fees therefore shall be as .follows, to -wit: Docks SZ. 00 Boat Ramp $5.00 4. By adding thereto Section Z6. 961 as follows: "Section 26.961 Maximum dimensions, prohibited designs of docks No dock, for which a license is required by Section 26. 950 hereof, shall exceed 24 feet in length, except where necessary to reach a minimum water depth of 36 inches, and no dock shall be shaped other than as a plain bar, shall have no projections, nor shall any dock be built or placed except with the longitudinal axis thereof perpindicular to the shore line." Roll Call Vote: Batdorf Aye Petersen Aye Orn Aye Pfeifer Aye Larson Aye So moved. 168 RESOLUTION REQUESTING PROPER REPRESENTATION ON THE COUNTY BOARD OF HENNEPIN COUNTY FOR RURAL AND SUBURBAN HENNEPIN COUNTY, INCLUDING MOUND, MINNESOTA Batdorf offered the following resolution and moved its adoption. the motion. Orn seconded WHEREAS, population in the Village of Mound, and all of the other municipalities in Hermepin County lying outside the city limits of Minneapolis, has in recent years increased dramatically in proportion ~o, that of the City of Minneapolis, and WHEREAS, the population of suburban and rural Hennepin County at the present time is about 355,000 and the population of Minneapolis is about 483,000, and WHEREAS, four of the five present County Board members are from the City of Minneapolis, and are elected by the City of Minneapolis voters, and WHEREAS, the district for election of Commissioners to the County Board of Hennepin County are no longer arranged so as to give proportionate representation to citizens in that part of Hennepin County lying outside of the city of Minneapolis,, therefore BE IT RESOLVED by the Village Council of the Village of Mound that the NLirmesota Legislature is requested to increase the number of Commissioners for the County Board of Hennepin County who are to be elected from the area of Hennepin County lying outside the City of Minneapolis. Roll Call Vote: Batdorf Aye Petersen Aye Orn Aye Pfeifer Aye Larson Aye So carried and resolved. RESOLUTION OPPOSING PROPOSED MINNEAPOLIS EARNING TAX Orn offered the following resolution and moved its adoption. the motion. Petersen seconded WHEREAS, the City of Minneapolis is considering adoption of a City Earnings or Income Tax on income earned within that City by both residents and non-residents, and WHEKEAS, many residents of the Village of Mound are employed in or operate businesses$ in that City and would be required to pay taxes on these earnings, and WHEREAS, the Village Council of the Village of Mound believes therefore it is appropriate that it take a public stand on behalf of its residents on this issue, therefore BE IT RESOLVED by the Village Council of the Village of Mound that its strongly opposed to any city earnings or income tax in either Minneapolis or Village of lViound for the following reasons: 1. That residents of the Village of Mound now pay real property ~axes for Village, County, State and Sch0bl District purposes and the total mill rate therefore is substantially higher in the Village of Mound than in the City of lVLinneapolis, and that therefore the residents of the Village of Mound shaould not have to bear an additional burden as proposed. For example in the year 1960 the total mill rate for taxes levied on properties in the Village of Mound was Z87.68 mills, whereas in the same year the total rnill rate levied on properties in the City of Minneapolis was 190 mills. 2. That the Village of Mound has a population of over 5,000 and there are approximately 1,500 persons employed in the Village of Mound, many of whom are residents of the City of Minneapolis and municipalities other than the Village of Mound. The only way a city earning tax can be fairly applied is on a metropolitan area basis. The Village of Mound does no~ wish to be forced into the position of having to adopt such a tax itself for the purpose of receiving its fair share of total tax revenues. 3. That the residents of the Village of Mound laying such proposed earnings tax to the City of lViinneapolis for its own municipal purposes would not have any potitical voice in the government of that City, nor over the expenditures of the tax revenue received. 4. T'~at while it may be true that n.ay person who comes within the City Limits of Minnepolis at any time for any reason receives some benefit from municipal government functions of that City, the Village of Mound also furnishes many services to residents of 1Viinneapolis. It does not appear that non-resi~mts merely being employed in that City have a sufficient connection with that City to warrant the imposition of such tax on them, nor is it fair or equitable that such tax should be in the same amount as on reisdents of that City. 5. The earnings tax is not a fair and equitable tax as compared to other potential sources of municipal revenues because the rate is not graduated according to ability tO 1~1~y, and because difficult collection and enforcement problems will certainly exist. BE IT FURTHER RESOLVED that copies of thiS resolution be sext to the City Council of the City of Minneapolis, the Governor of the State of lvIinnesota, and each member of the State Senate and House of Representatives. 170 Roll CaLl Vote: Batdorf Aye Peter sen Aye Orn Aye Pfeifer Aye Larson Aye So carriedrand resolved. MODIFY DOG ORDINANCE The present dog ordianane was discussed; The Council was polled on setting the license for all dogs regardless of sex at the sum of $2.00 per year; The poll showed unanimously approval of the modification. I~IAYORS AND COUNCILMEN'S INSTITUT~ Mayor Larson and Trustees Orn and Batdorf will attend this institute in March for Counci].m.r~n and Mayors TREASURER'S BOND Batdorf offered the following resolutiOn and moved its adoption. seconded the motion. Pfeifer WHEREAS the Village Treasurer should be bonded in compliance with the Laws of the State of Minnesota NOW.THERJEFOKE the Village Council of the Village of Mound set the value of the bond in the amount of $15,000. Roll Call Vote: Batdorf Aye Peter sen Aye Orn Pfeifer Aye Lar s on Aye So resolved. SALARY SCHEDULES Pfeifer offered the following resolution and moved its adoption. seconded the motion. Petersen A RESOLUTION ESTABLISHING SALARIES, WAGES, AND RETAINERS OF CERTAIN VILLAGE ~PL~YEES AND PROFESSIONALS FOR 1961 BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA 1. That the following schedule of wages, salaries and Retainers be adopted and paid for the job categories and professional retainers indicated for calenda~r~y..ear.~.~1961 -- ~ 172 Roll Call Vote: Batdor~' Aye Petersen Aye Orn Aye Pfeifer Aye Larson .: Aye So carried and resolved. TAX FORFEIT LAND - Site of former Tin Shed Pfeif~er offered the following resolution and moved its adoption. seconded the motion. Petersen smbetantiat pe~m th~f outlet ~nto ~ Bl~d. to nako pt. uper appl.toat:l, on f~ th~ ~ ef alJ., or a port.ton la--f, 1~ I~ I~ of' Nogid foz* street and load Roll Call Vote: Batdorf Aye Peter sen Aye Pfeifer Aye Lar s on ..... ~ye" So carried and resolved. Village of Mound, Minnesota Bills Payable - January 31, 1961 LIQUOR FUND Watertown Telephone Company Northwest Linen Service L~wis Paulson 5.85 10 00 ST P~ET FUND Rosenwinkel Sand and Gravel 717,90 717~90 Total $ 862e39 1731 TAXI CAB LICENSE Batdorf moved and Pfeifer seconded the motion. BE IT MOVED, the Village Conncil authorize the issuance of taxi cab license to Ferd Schwartz to operate three taxi cabs in the Village of Mound, such cabs to be inspected every few months by the Police Chief and a written report to be made of each inspection. The vote was uma~lrmumsly in favor. So carried. BT~LS The following list of bills were presented for payment. Pfeifer moved the bills so listed be paid where funds are a~zailable. Orn seconded the motion. The vote -a~s unanimously in favor. So carried. TRANSFERS OF FUNDS Pfeifer offered the following resOlution and moved its adoption. Orn seconded the motion. BE IT RESOLVED the sum of 190.37 be transferred from General Fund to Trust and Agency General Fund, and The sum of 1, Z60. Z9 be transferred from PERA to Trust and Agency General Fund, and The sum of 890.46 be transferred from Audit Fund to Trust and Agency General Fund, and The sum of 3,132.97 be transferred from Bond and Interest Series B to Trust and Agency Bond and Interest Series B. , and The sum of 1,546.26 be transferred from Special Assessment #1 to Trust and Agency Special Assessment #1, and The sum of 281.90 be transferred from Special Assessment #2 to ...... -Trust and Agency Special Assessment #2, and ~he sum of 863.70 be transferred from Trust and Agency General Roll Call VoteL Batdorf Orn Larson So carried and resolved. Aye Pfeifer Aye Aye Petersen Aye Aye 174